BINMEN and women in Liverpool today (Friday, February 21) face an anxious wait to find out if they have won compensation in a High Court case which could make legal history.

The 122 former council workers claim they lost out when their jobs were privatised and taken over by the private company, Onyx.

They have been joined in their campaign at the High Court in London by around 2,000 dinner ladies and other ex-council workers from across the country who also claim to have lost out when their jobs were privatised.

Yesterday the judge sitting in the case reserved judgement to a later date.

Lawyers for the workers say the Government's failure to fully implement EU employment protection laws meant the privatisation of council services in the 1990s resulted in financial disaster.

Liverpool council's refuse collection service was farmed out to private firm, Onyx UK Ltd, in 1991, under the "compulsory competitive tendering" policy.

The case revolves around the 1981 Transfer of Undertakings (Protection from Employment) Regulations (TUPE) which were introduced to implement the EU Acquired Rights Directive into UK domestic law.

In the Liverpool case, the council's entire refuse collecting workforce was made redundant before many of them were re-employed by Onyx UK Ltd on "less favourable" terms and conditions.

John Cavangh QC for the workers argued that the 122 workers, all of whom were backed in court by the GMB Union, had suffered serious financial losses due to the Government's admitted failure to implement the EU Directive into UK domestic law.

Nicholas Paines QC, representing the Department of Employment, has disputed the workers' right to compensation.

He argued that in the Liverpool case, Onyx had taken on only about 40% of the former council employees involved in the city's rubbish collection service and only about half the council's refuse collection vehicles.

ANDREW'S STORY>

ANDREW Hogg from Dovecot has worked as a binman for more than 20-years.

He believes if he had still been working for the council he would have been earning an extra #300 a month.

He is currently on a salary of #700 and admits he struggles to make ends meet.

He has two young children, to support Samantha, 12 and nine year old Stephanie.

His wife, Pauline, is also forced to go out to work to boost the family income.

She works as a dinner lady.

Mr Hogg said: "All we can now hope for is that something positive comes out of this case and the judge rules in our favour. It does all seem to be very unfair."